supreme court

Top 5 Moments From The Supreme Court's 1st Week Of Livestreaming Arguments

For the first time in its 231-year history, the Supreme Court justices heard oral arguments remotely by phone and made the audio available live. The new setup went off largely without difficulties, but produced some memorable moments, including one justice forgetting to unmute and an ill-timed bathroom break. Here are the top five can't-miss moments from this week's history-making oral arguments. A second week of arguments begin on Monday at 10 a.m. ET. Here's a rundown of the cases and how to listen. 1. Justice Clarence Thomas speaks ... a lot Supreme Court oral arguments are verbal jousting matches. The justices pepper the lawyers with questions, interrupting counsel repeatedly and sometimes even interrupting each other. Justice Clarence Thomas, who has sat on the bench for nearly 30 years, has made his dislike of the chaotic process well known, at one point not asking a question for a full decade. But with no line of sight, the telephone arguments have to be rigidly organized, and




supreme court

Top 5 Moments From The Supreme Court's 1st Week Of Livestreaming Arguments

For the first time in its 231-year history, the Supreme Court justices heard oral arguments remotely by phone and made the audio available live. The new setup went off largely without difficulties, but produced some memorable moments, including one justice forgetting to unmute and an ill-timed bathroom break. Here are the top five can't-miss moments from this week's history-making oral arguments. A second week of arguments begin on Monday at 10 a.m. ET. Here's a rundown of the cases and how to listen. 1. Justice Clarence Thomas speaks ... a lot Supreme Court oral arguments are verbal jousting matches. The justices pepper the lawyers with questions, interrupting counsel repeatedly and sometimes even interrupting each other. Justice Clarence Thomas, who has sat on the bench for nearly 30 years, has made his dislike of the chaotic process well known, at one point not asking a question for a full decade. But with no line of sight, the telephone arguments have to be rigidly organized, and




supreme court

The Supreme Court Weighs the End of DACA

Jeff Sessions, then the Attorney General, announced in 2017 the cancellation of the Obama-era policy known as DACA—Deferred Action for Childhood Arrivals. A number of plaintiffs sued, and their case goes to the Supreme Court next week. The New Yorker’s Jonathan Blitzer spoke with two of the attorneys who will argue for it. The noted litigator Ted Olson is generally a champion of conservative issues, but he is fighting the Trump Administration on this case. He told Blitzer, “It’s a rule-of-law case—not a liberal or conversative case—involving hundreds of thousands of individuals who will be hurt by an abrupt and unexplained and unjustified change in policy.” And Blitzer also spoke with Luis Cortez, a thirty-one-year-old from Seattle who is arguing his first Supreme Court case. Cortez is an immigration lawyer who is himself an undocumented immigrant protected by DACA status; if he loses his case, he will be at risk of deportation. 




supreme court

Supreme Court Puts Temporary Hold On Order To Release Redacted Mueller Materials

The Supreme Court has temporarily put on hold the release of redacted grand jury material from the Russia investigation to a House panel. The Trump administration is trying to block the release. Last October, a district court judge ruled the Justice Department had to turn over the materials, which were blacked out, from former special counsel Robert Mueller's report into Russian interference in the 2016 election. An appeals court upheld the decision , but the Trump administration, hoping to keep the evidence secret, appealed to the Supreme Court. Chief Justice John Roberts' order temporarily stops the process. Lawyers for the House Judiciary Committee have until May 18 to file their response to the Justice Department's attempts to keep the materials from the House panel. The Justice Department had until Monday to turn over the material following the appeals court order. But on Thursday, the Trump administration asked the Supreme Court to block Congress from seeking it, saying, "The




supreme court

Top 5 Moments From The Supreme Court's 1st Week Of Livestreaming Arguments

For the first time in its 231-year history, the Supreme Court justices heard oral arguments remotely by phone and made the audio available live. The new setup went off largely without difficulties, but produced some memorable moments, including one justice forgetting to unmute and an ill-timed bathroom break. Here are the top five can't-miss moments from this week's history-making oral arguments. A second week of arguments begin on Monday at 10 a.m. ET. Here's a rundown of the cases and how to listen. 1. Justice Clarence Thomas speaks ... a lot Supreme Court oral arguments are verbal jousting matches. The justices pepper the lawyers with questions, interrupting counsel repeatedly and sometimes even interrupting each other. Justice Clarence Thomas, who has sat on the bench for nearly 30 years, has made his dislike of the chaotic process well known, at one point not asking a question for a full decade. But with no line of sight, the telephone arguments have to be rigidly organized, and




supreme court

Episode 0x12: Karen's New Job; Supreme Court on Patents

Karen announces her new job, and Bradley and Karen discuss the recent USA Supreme Court decisions on patents.

Be sure to make sure you're subscribed to feeds available on faif.us if you haven't already!

Show Notes:

Segment 0 (00:37)

Segment 1 (28:58)


Send feedback and comments on the cast to <oggcast@faif.us>. You can keep in touch with Free as in Freedom on our IRC channel, #faif on irc.freenode.net, and by following Conservancy on on Twitter and and FaiF on Twitter.

Free as in Freedom is produced by Dan Lynch of danlynch.org. Theme music written and performed by Mike Tarantino with Charlie Paxson on drums.

The content of this audcast, and the accompanying show notes and music are licensed under the Creative Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).




supreme court

Malawi’s Supreme Court rules new presidential polls in July


BLANTYRE, Malawi (AP) — Malawi’s Supreme Court confirmed Friday that last year’s presidential elections remain nullified and a fresh vote held in July. The Supreme Court upheld an earlier ruling by the southern African nation’s Constitutional Court that President Peter Mutharika’s 2019 election was invalid because of widespread irregularities. Mutharika, who leads the Democratic Progressive […]




supreme court

No car-tab tax cuts yet as state Supreme Court takes case against Eyman initiative


The order from the state Supreme Court sets deadlines for parties in the case to file documents with the court throughout May and June, meaning a final decision might come this summer.




supreme court

The Alaska Supreme Court rules an effort to recall Gov. Mike Dunleavy can move forward.


JUNEAU, Alaska (AP) — The Alaska Supreme Court rules an effort to recall Gov. Mike Dunleavy can move forward.




supreme court

U.S. Supreme Court won’t hear challenge to Seattle’s first-come, first-served law for rental applications


Passed by the City Council in 2016, the pioneering Seattle law requires landlords to publicize their criteria for prospective renters and to accept the first qualified applicant.




supreme court

Who flushed? Phone arguments’ unresolved issue in Supreme Court hearing


WASHINGTON — The Supreme Court held Day Three of arguments by telephone with the audio available live to audiences around the world. The higher profile case of the two heard by the justices on Wednesday dealt with Trump administration rules that would allow more employers who cite a religious or moral objection to opt out […]




supreme court

Victorian Supreme Court Justice Elizabeth Hollingworth speaks about Aiia Maasarwe's murder




supreme court

George Pell's appeal against child sexual abuse convictions to be heard in Supreme Court today

Jailed Cardinal George Pell will front Victoria's highest court today to appeal against his child sex abuse convictions, arguing proper process wasn't followed at trial and a reasonable jury could not have found him guilty of the crimes.




supreme court

US Supreme Court Justice Ruth Bader Ginsburg to return to work after gallbladder treatment

RBG is the oldest justice on the Supreme Court bench and her return to work will allay fears of a vacancy that would have allowed President Donald Trump to appoint another conservative judge.




supreme court

What's it like to sit on Facebook's 'supreme court' of content?

Don't like that Facebook deleted your post? You can soon appeal to Facebook's oversight board.



  • Science and Technology
  • Information and Communication
  • Computers and Technology
  • Internet Technology
  • Community and Society

supreme court

SA Supreme Court strained while awaiting new judges, despite requests by Chief Justice

South Australia's Chief Justice accuses the Attorney-General of undermining the administration of justice by failing to appoint two replacement judges to the Supreme Court.



  • ABC Radio Adelaide
  • adelaide
  • Government and Politics:All:All
  • Government and Politics:Parliament:All
  • Government and Politics:Parliament:State Parliament
  • Government and Politics:States and Territories:All
  • Law
  • Crime and Justice:All:All
  • Law
  • Crime and Justice:Courts and Trials:All
  • Australia:SA:Adelaide 5000
  • Australia:SA:All



supreme court

John Setka fails in Supreme Court bid to stop Labor Party expulsion process

The Supreme Court of Victoria dismisses a bid by union boss John Setka to stop a vote to have him expelled from the Australian Labor Party, with the court ruling it does not have the jurisdiction to decide the matter.




supreme court

Fact check: The Supreme Court did not deem social distancing unconstitutional in 1866

A Facebook post offers what appears to be a fictitious excerpt from a real Supreme Court ruling to claim that COVID-19 emergency measures are illegal.





supreme court

Colorado Supreme Court rules U.S. Senate candidate doesn’t belong on ballot after all

The Colorado Supreme Court on Monday overturned a lower court decision to put Senate candidate Michelle Ferrigno Warren's name on the June 30 Democratic primary ballot, siding with the Secretary of State's Office.




supreme court

Unanimous Supreme Court throws out “Bridgegate” convictions

A unanimous Supreme Court on Thursday threw out the convictions of two political insiders involved in the “Bridgegate” scandal that ultimately derailed the 2016 presidential bid of then-New Jersey Gov. Chris Christie. The justices found evidence of deception, corruption and abuse of power in the scheme, but said “not every corrupt act by state or local officials is a federal crime.”




supreme court

Colorado legislature can resume its regular session after breaking for coronavirus, Supreme Court rules

Colorado lawmakers don't have to meet for 120 consecutive days during a declared public health emergency, the Colorado Supreme Court ruled in a narrow decision Wednesday.




supreme court

Unanimous Supreme Court throws out “Bridgegate” convictions

A unanimous Supreme Court on Thursday threw out the convictions of two political insiders involved in the “Bridgegate” scandal that ultimately derailed the 2016 presidential bid of then-New Jersey Gov. Chris Christie. The justices found evidence of deception, corruption and abuse of power in the scheme, but said “not every corrupt act by state or local officials is a federal crime.”




supreme court

Supreme Court Considers Affordable Care Act Religious Exemption Rule

On Wednesday, the Supreme Court will consider yet another case regarding whether employers can decline to cover contraceptives in their health care plans. Reproductive rights groups warn that depending on the outcome of the case, tens of thousands of American women could lose vital contraceptive coverage. The case, Little Sisters of the Poor and Paul Home v. Pennsylvania, involves a 2017 Trump administration rule change that significantly broadened who can claim an exemption to the Affordable Care Act (ACA) contraceptive coverage mandate. The 2017 rule change, issued without a notice of proposed rulemaking or public comment opportunity, expanded the scope of religious exemptions and added an additional moral exemption claim. States had successfully challenged the rule, calling it a violation of the constitution, federal anti-discrimination law, and the Administrative Procedures Act (APA). A federal appeals court issued an injunction, preventing the Trump administration from enforcing the rule until the case was decided. Both the district court and the Third Circuit U.S. Court of Appeals affirmed that states were likely to succeed on their APA claim. The court will now consider whether the Little Sisters of the Poor have standing and whether the Trump administration lawfully exempted religious objectors from the […]




supreme court

Brooklyn Supreme Court worker tests positive for coronavirus, officials say courthouse will remain open

The employee, who works at 320 Jay St. in Downtown Brooklyn, tested positive for the illness Thursday night, prompting the Vera Institute to tell a majority of their employees to work from home.




supreme court

Editorial: The U.S. Supreme Court just made it easier for police to pull you over

The justices give police the OK to stop drivers with nothing more than the barest fig leaf of a reason: that the car owner's license has been revoked.




supreme court

Editorial: Coronavirus forced the Supreme Court into transparency. Finally

The Supreme Court allows livestreaming of oral arguments. The next step should be cameras.




supreme court

Column: The Supreme Court played partisan politics in Wisconsin. It could unleash a political apocalypse in November

The court's slapdash intervention didn't serve the Constitution, just the GOP's chances in one election. Sound familiar?




supreme court

Coronavirus pushes Supreme Court to allow first-ever live broadcast of arguments

Supreme Court arguments are broadcast live for the first time in history, via a phone hook-up to allow justices to hear cases during the pandemic's stay-at-home orders.




supreme court

Unanimous Supreme Court overturns New Jersey 'Bridgegate' fraud convictions

The New Jersey case involving aides to Gov. Chris Christie may have been a political scandal, but it was not a crime, justices say.




supreme court

Top 5 Moments From The Supreme Court's 1st Week Of Livestreaming Arguments

From a mysterious toilet flush to Justice Ruth Bader Ginsburg speaking from the hospital, here are the highlights — including audio clips — from a historic week for the high court.




supreme court

Supreme Court tosses Bridgegate convictions of two officials for ex-N.J. Gov. Chris Christie

The Bridgegate scandal was no crime, the Supreme Court ruled, tossing the convictions of two officials who caused a traffic jam as political punishment to then-Gov. Chris Christie’s enemies.




supreme court

Clarence Thomas speaks and other notable events from the Supreme Court 'tele-arguments'

The court should livestream arguments even after the coronavirus crisis ends.




supreme court

The Supreme Court needs to rescue birth-control access from the Trump administration

If employers aren't providing contraceptive coverage, there is no burden on their religious beliefs.




supreme court

Letters to the Editor: The Supreme Court's Wisconsin decision shows how democracy ends

The Supreme Court is allowing the Republican Party to suppress the vote. This bodes very poorly for democracy in America.




supreme court

Heathrow expansion: Ruling that third runway is &apos;unlawful&apos; to be appealed at Supreme Court

Airport chief told MPs earlier this week that expansion might not be back on the agenda for a decade




supreme court

Debt collectors can't touch coronavirus stimulus money, Indiana Supreme Court rules

The federal government said millions will receive payouts. But some Indiana residents worried that their money could be taken by debt collectors.

       




supreme court

In Judging Prorogation, UK Supreme Court Marks Evolution, Not Revolution, in Law

3 October 2019

Ruma Mandal

Director, International Law Programme
Despite the political significance, last week’s judgment does not signal a newly activist court.

2019-10-03-UKSC.jpg

The Supreme Court building in Westminster. Photo: Getty Images.

The UK Supreme Court’s ruling last Wednesday has, at least temporarily, scuppered the prime minister’s plans to limit parliamentary debate before the looming Brexit deadline. Some of the prime minister’s allies have attacked the ruling as a ‘constitutional coup’. But a close reading reveals that the court has stayed within its remit to interpret, rather than make, the law.

In a carefully reasoned judgment, the court emphasized that the case was not about Brexit. But the judges certainly did not shy away from the extraordinary nature of the matters before it, noting that such factual situations have ‘never arisen before and are unlikely ever to arise again… But our law is used to rising to such challenges and supplies us with the legal tools to enable us to reason to a solution.’

The key question before the court was whether the prime minister’s decision to seek prorogation was ‘justiciable’ – i.e. amenable to being reviewed by a court. The English and Scottish courts earlier on in these proceedings had come, dramatically, to opposing views on this.

The Supreme Court was not dissuaded by the inherently political considerations involved in the prime minister’s decision, stating that while ‘courts cannot decide political questions, the fact that a legal dispute concerns the conduct of politicians, or arises from a matter of political controversy, has never been sufficient reason for the courts to refuse to consider it’.

The court went on to emphasize that the Crown’s remaining prerogative powers (exercised on the advice of the government or directly by ministers) have long been subject to judicial scrutiny; such oversight is essential to guarding the separation of powers underpinning the UK’s constitution.

So far, so conventional. The full bench of the Supreme Court was required to grapple, though, with a prerogative power that had never been tested before in the courts. And so they delved back to the 1611 Case of Proclamations: ‘the King hath no prerogative, but that which the law of the land allow him’. In the court’s view, the legal issue to be resolved was the scope of the power to prorogue (the existence of this particular prerogative not being in dispute).

With no case law available to provide direct guidance on this question, the court, instead, relied on two fundamental principles of the UK’s constitution – parliamentary sovereignty and parliamentary accountability. What would be the logical consequence of an unlimited power to prorogue? The ability to shut parliament permanently.

The conclusion: this particular prerogative power had limits. The court held that:

‘A decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In such a situation, the court will intervene if the effect is sufficiently serious to justify such an exceptional course.’

Having come to this conclusion, the court was left to examine what justification had in fact been given, noting that the prime minister’s motives were irrelevant. It noted that no clear reason had been given – the relevant documents were all concerned with preparing for the Queen’s speech.

Noting evidence on normal practice for such preparations, including from a former prime minister, the court found it ‘impossible… to conclude…that there was any reason – let alone a good reason – to advise Her Majesty to prorogue Parliament for five weeks’.

The court’s decision was neither inevitable nor a radical departure from legal tradition. It represents the gradual evolution of the long-established legal principle that the crown’s powers are set by the law and supervised by the courts.

Courts have traditionally been reticent to rule on prerogative powers which are ‘high politics’ by nature – classic examples include declaring war and negotiating treaties. In recent years, though, the judiciary has shown a growing confidence to grapple with the contours of those prerogative powers that remain. Deference is still shown when looking at how those powers have been used as opposed to the limits of the prerogative in question.

The Supreme Court ruling won’t reassure those who worry about the emergence of an activist court willing to wade (improperly) into the political arena. Nor will it necessarily bring comfort to those anxious about an unwritten constitution in an era where political conventions are fast unravelling.

But divisive court rulings are nothing new, nor are ministerial outbursts about inconvenient judgments. In the current environment, politicians should take particular care not to send mixed messages which undermine the independence of the UK’s judiciary. Public trust in British institutions is dangerously low and the UK can ill-afford further damage to its reputation as a country steeped in democracy and the rule of law.




supreme court

In Judging Prorogation, UK Supreme Court Marks Evolution, Not Revolution, in Law

3 October 2019

Ruma Mandal

Director, International Law Programme
Despite the political significance, last week’s judgment does not signal a newly activist court.

2019-10-03-UKSC.jpg

The Supreme Court building in Westminster. Photo: Getty Images.

The UK Supreme Court’s ruling last Wednesday has, at least temporarily, scuppered the prime minister’s plans to limit parliamentary debate before the looming Brexit deadline. Some of the prime minister’s allies have attacked the ruling as a ‘constitutional coup’. But a close reading reveals that the court has stayed within its remit to interpret, rather than make, the law.

In a carefully reasoned judgment, the court emphasized that the case was not about Brexit. But the judges certainly did not shy away from the extraordinary nature of the matters before it, noting that such factual situations have ‘never arisen before and are unlikely ever to arise again… But our law is used to rising to such challenges and supplies us with the legal tools to enable us to reason to a solution.’

The key question before the court was whether the prime minister’s decision to seek prorogation was ‘justiciable’ – i.e. amenable to being reviewed by a court. The English and Scottish courts earlier on in these proceedings had come, dramatically, to opposing views on this.

The Supreme Court was not dissuaded by the inherently political considerations involved in the prime minister’s decision, stating that while ‘courts cannot decide political questions, the fact that a legal dispute concerns the conduct of politicians, or arises from a matter of political controversy, has never been sufficient reason for the courts to refuse to consider it’.

The court went on to emphasize that the Crown’s remaining prerogative powers (exercised on the advice of the government or directly by ministers) have long been subject to judicial scrutiny; such oversight is essential to guarding the separation of powers underpinning the UK’s constitution.

So far, so conventional. The full bench of the Supreme Court was required to grapple, though, with a prerogative power that had never been tested before in the courts. And so they delved back to the 1611 Case of Proclamations: ‘the King hath no prerogative, but that which the law of the land allow him’. In the court’s view, the legal issue to be resolved was the scope of the power to prorogue (the existence of this particular prerogative not being in dispute).

With no case law available to provide direct guidance on this question, the court, instead, relied on two fundamental principles of the UK’s constitution – parliamentary sovereignty and parliamentary accountability. What would be the logical consequence of an unlimited power to prorogue? The ability to shut parliament permanently.

The conclusion: this particular prerogative power had limits. The court held that:

‘A decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be unlawful if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive. In such a situation, the court will intervene if the effect is sufficiently serious to justify such an exceptional course.’

Having come to this conclusion, the court was left to examine what justification had in fact been given, noting that the prime minister’s motives were irrelevant. It noted that no clear reason had been given – the relevant documents were all concerned with preparing for the Queen’s speech.

Noting evidence on normal practice for such preparations, including from a former prime minister, the court found it ‘impossible… to conclude…that there was any reason – let alone a good reason – to advise Her Majesty to prorogue Parliament for five weeks’.

The court’s decision was neither inevitable nor a radical departure from legal tradition. It represents the gradual evolution of the long-established legal principle that the crown’s powers are set by the law and supervised by the courts.

Courts have traditionally been reticent to rule on prerogative powers which are ‘high politics’ by nature – classic examples include declaring war and negotiating treaties. In recent years, though, the judiciary has shown a growing confidence to grapple with the contours of those prerogative powers that remain. Deference is still shown when looking at how those powers have been used as opposed to the limits of the prerogative in question.

The Supreme Court ruling won’t reassure those who worry about the emergence of an activist court willing to wade (improperly) into the political arena. Nor will it necessarily bring comfort to those anxious about an unwritten constitution in an era where political conventions are fast unravelling.

But divisive court rulings are nothing new, nor are ministerial outbursts about inconvenient judgments. In the current environment, politicians should take particular care not to send mixed messages which undermine the independence of the UK’s judiciary. Public trust in British institutions is dangerously low and the UK can ill-afford further damage to its reputation as a country steeped in democracy and the rule of law.




supreme court

Will Supreme Court Ruling on DACA Finally Force Congress to Break the Ice on Immigration Reform?

The fate of the Deferred Action for Childhood Arrivals (DACA) program has ping ponged between all three branches of government. But with the Supreme Court poised to decide DACA's future in spring 2020, Congress may finally be forced to act to resolve the status of DREAMers after nearly two decades of considering various DREAM Act bills. Could this break the long stalemate Congress has had on passing substantive immigration legislation, and pave the way for other actions?




supreme court

Supreme Court puts temporary block on release of evidence in Mueller probe

The Supreme Court on Friday granted a Justice Department request to temporarily block release of secret grand jury material from special counsel Robert Mueller's probe to Congress.




supreme court

Next Up at Supreme Court: Employment Rights of Parochial School Teachers

A pair of cases being heard by the high court will likely determine whether job-discrimination laws apply to tens of thousands of teachers at religious schools.




supreme court

Next Up at Supreme Court: Employment Rights of Parochial School Teachers

A pair of cases being heard by the high court will likely determine whether job-discrimination laws apply to tens of thousands of teachers at religious schools.




supreme court

Supreme Court to Consider Montana Religious School Tax Credit

The U.S. Supreme Court agreed to review a decision by Montana's highest court that struck down a tuition tax-credit program allowing tuition scholarships to benefit students at private religious schools.




supreme court

In Arguments, U.S. Supreme Court Leans Toward Support for Religious School Aid

In a case from Montana, conservative justices suggested they were inclined to rule for parents who seek to reinstate a state tax credit funding scholarships for use at religious schools.




supreme court

What You Should Know About the Supreme Court Case the Education World Is Watching

The U.S. Supreme Court will arguments in Espinoza v. Montana Department of Revenue, a case that's been closely watched by both friends and opponent of private school vouchers and tax-credit scholarship programs.




supreme court

N.J. Supreme Court Rejects Gov. Christie's Motion to Replace Funding Formula

Gov. Christie has pushed to flatten the state's funding formula so that the state's impoverished urban districts would get the same amount of money wealthy suburban districts get.




supreme court

Pennsylvania Supreme Court Orders School Funding Trial

Six school systems, the Pennsylvania Association of Rural and Small Schools, and the NAACP Pennsylvania State Conference want to change the state's school-funding system, which allows for wide spending gaps between low- and high-income districts.




supreme court

Connecticut Supreme Court OKs Part of Newtown Parents' Gun Industry Lawsuit

The state's highest court allowed some claims brought on behalf of relatives of victims of the 2012 mass shooting at Sandy Hook Elementary School to proceed against the firearms industry.